HomeMy WebLinkAbout12-06-2004COUNCIL PROCEEDiNGS OF THE
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
December 6, 2004
The Common Council of the City of Jeffersonville, Indiana met in regular session
in the Muiti-Purpose Meeting Room in the City-County Building, Jeffersonvitle, Indiana,
at 7:30 P.M. on Monday December 6, 2004.
Mayor Rob Waiz, with Clerk Treasurer Peggy Wilder at the desk, called the
meeting to order. Also present were City Attorney Les Merkley, Council Attorney Alien
Morris, and Deputy Clerk Barbara Hollis. Mayor Waiz welcomed all in attendance,
asking all those present to stand as Reverend Larry Martin gave the invocation. Mayor
Waiz then asked all those present to join him in the pledge of allegiance to the flag.
The roll was called and those present were; Councilpersons John Perkins, Ed
Zastawny, Keith Fetz, Connie Sellers, Barbara Wilson, Ron Grooms, and Phil McCauley.
Absent: None
Following discussion Councilperson Grooms made the motion to approve the
agenda with the deletion of agenda item #10 and change agenda item #14 to #15, and #15
to #14, move agenda item #23 to follow agenda item #17 as 17a, and to move agenda
item #21 to #11 a, second by Councilperson Sellers, passing on a vote of 7-0.
Mayor Waiz presented the minutes of the meeting of November 15, 2004 for
approval. Councilperson Wilson made the motion to approve the minutes as presented,
second by Councilperson Grooms, passing on a vote of 7-0.
Clerk Treasurer Wilder presented the claim list for consideration by the Council1,
calling attention to a claim for Ohio River Greenway. The line item in the budget has
only $5,000 remaining. Following discussion, Councilperson Perkins made the motion to
approve the claims as presented, with the exception of the Ohio River Greenway,
approving it for $5,000, seconded by Councilperson Zastawny, passing on a vote of 7-0.
PUBLIC COMMENT:
Mr. Robert Perkins a resident on Plank Road appeared before the Council with a
concern regarding the loud whistle that the Louisville Indiana Railroad train blows during
the night. He suggests flares be used. Mayor Waiz will have someone call Mr. Perkins.
December 6, 2004 2
Mr. Marty Stengle, a Jeffersunville Firefighter, aSked the Council to keep tl~e
employer/employee health care percentage at 70/30. He is grateful for the retirees that
have risked their lives. He does not feel it is fair the retirees have to bear the brunt of the
increases. He reviewed the history of the self-insurance program. He urges the Council
to reconsider.
Mr. Jerry Dooley, a retired firefighter, also asked the Council to reconsider the
retiree's percentage, reviewing the history of his deductions and net pay this past year.
Mr. Dooley asks "please help us out".
Mr. Bob Irvin, a retired firefighter who served as Street Commissioner for four
years, said there is fat in the budgets. There are funds to support insurance. He said he
could find $50,000 at any time. The ~etirees deserve to be helped.
Mr. Ron Smith said he sympathizes with the fire and police. All of us have a
problem. He feels the Council has been partial to employees and taxpayers have a gripe.
He mentioned the Council wanting to have PERF benefits back to 1972, police cars all
the way to Otisco, and abuse of police cars. He then said the McCauley Building that
was built in 2000 has paid only $6,226 in taxes. He feels the taxpayer is being molested
bechuse of abatements.
Mr. Derek Spence said retirees have earned appreciation and respect. He would
like the Council to look at spending. He questions the legality of the Council being
PERF members. He asks the Council "do you work 1,000 a year?" That would be an
average of 4 hours a day, 5 days a week. He encourages the Council to rescind PERF and
put the money to better use.
AGENDA ITEMS:
Mr. Keith Mull, attorney representing Wilson E. and Doris M. Prentice, appeared
before the council to request passage of Ordinance No. 2004-OR-71, An Ordinance
Changing The Zoning Map Designation Of A Certain Tract Of Property Being Part Of
Survey #21 Of The Illinois Grant, Immediately North Of Buttonwood Subdivision, Unit 3
And Northwest Of Buttonwood Subdivision, Sections 4, 8, 9, and 10 As Shown In Plat
Book 10, Page 86 Of The Clark County, Indiana Records From MI: Limited Multifmnily
To RI: Low Density Residential. Mr. Mull presented a map, explaining the area and
plans. Councilperson Zastawny expressed concern for the roads and a "cut through".
December 6, 2004 3
Surveyor David Blankenbaker said the clients have no problem taking out the road. Mr.
Mull reminded the Council this is about rezoning. Councilperson Grooms asked
Attorney Moms if the Council is able to restrict the road. Attorney Morris does not think
so, suggesting a commitment be made in writing. Attorney Moms also said the Council
is being asked to rezone. Councilperson Fetz, as a member of the Plan Commission said
he would make a proposal of adjustment at the Plan Commission. Following all other
comments, Councilperson Perkins made the motion to pass Ordinance No. 2004-OR-71,
second by Councilperson Sellers. Councilperson Zastawny does feel his concern can be
met. Public Comment was requested. Mr. Mike Maschmeyer said he wants to assure the
Council that the neighbors concerns will be met, and offered an agreement from Wilson
and Doris Prentice. There being no further discussion, the motion to pass Ordinance No.
2004-OR-71 passed on a vote of 7-0.
Mr. Greg Fifer, attorney representing Thomas P. Osborne, appeared before the
Council to request passage of Ordinance No. 2004-OR-72, An Ordinance Changing The
Zoning Map Designation Of A Certain Tract Of Property Being Grant No. 11 Of The
Illinois Grant, City Of Jeffersonville, County Of Clark, Indiana, A 4.116-Acre Tract
From C2: Medium To Large General Commercial To R3: Old City Residential; And A
12.2-Acre Tract From CI: Small To Medium Scale General Commercial To R3: Old City
Residential. Mr. David Blankenbaker explained a zoning commitment from Mr.
Osborne. Mr. Bob Lynn explained the plans saying he will build the homes.
Councilperson Perkins made the motion to pass Ordinance No. 2004-OR-72, second by
Councilperson Fetz. Public comment was requested. Mr. Grant Morten, a member of
the Drainage Board questioned if some of the area was not in the City limits. He was told
it is all within the city limits. As there was no further comment Ordinance No. 2004-OR-
72 passed on a vote of 7-0.
Mr. Russ Seagraves, Building Commissioner explained and requested passage of
Ordinance No. 2004-OR-73, An Ordinance Amending 04-OR-25 (Regulating The
Disposition Of Abandoned Vehicles). Councilperson Fetz made the motion to suspend
the roles for Ordinance No. 2004-OR-73, second by Councilperson Wilson, passing on a
vote of 7-0. Councilperson Fetz then made the motion to pass Ordinance No. 2004-OR-
72 on all three readings, second by Councilperson Sellers, passing on a vote of 7-0.
December 6, 2004 4
Mr. Russ Seagraves, Building Commissioner, next explained and requested
passage of Ordinance No. 2004-OR-68, An Ordinance of Single Family Residential And
Accessory Structures Permit Fees. Councilperson Perkins made the motion to pass
Ordinance No. 2004-OR-68 on the third reading, second by Councilperson Fetz, passing
on a vote of 7-0.
City Attorney Les Merkley announced this meeting as a public heating for
Ordinance No. 2004-OR-63, An Ordinance Regarding Tap In Fees And Rate Study. The
notice was published in the Evening News on November 16, 2004, and notices were
included in all sewer bills. Mr. John Skomp of Crowe Chizek reviewed the rate study.
Public comments were requested. Ms. Evelyn Smith of 4405 Watson Sellersburg Road
said she has never tapped in. The line was mn 4-5 years ago. Mayor Waiz will check
and get back with her. Mr. Jack Ragland of SIEDC, commends the Council for taking
the steps they have. Sewer capacity is a concern for businesses looking to move to the
area. He is concerned for the formula for commercial use. Ms Patricia Lowery, a
resident on Holman's Lane said she feels the sewer rate increase is fair. Her concern is
that some in the area are not on sewers and this should be looked into. May Waiz will
check. Ms. Lowery believes in treating people equal. She also refereed to the restaurants
along the river that receive abatements. Mr. Derek Spence, a resident on East Maple
Street spoke in support of the increase in tap in fees. He doesn't like the sewer rate
increase but will take the lumps. He feels the Council is being proactive. Mr. Bob Lynn,
president elect of the Building Trades Association is in support of the increase. He feels
it is not fair for new building to carry the burden. He feels there should be allowances if
the permit is not used in 6 months. The Trade Association does support the increase. Mir.
Ron Smith feels the increase should be implemented as soon as possible. Councilperson
Perkins made the motion to pass Ordinance No. 2004-OR-63 on the second and third
readings, second by Councilperson Wilson. Councilperson Grooms feels Article B
allowing 10 years to pay is too long. Councilpersons Wilson and Perkins withdrew their
motions. Councilperson Grooms then made the motion to pass Ordinance No. 2004-OR-
63 on the second and third readings with amending Article B to read 3 annual payments,
second by Councilperson Wilson. Councilperson Zastawny commended the Mayor for
December 6, 2004 5
working with the Council. The motion to pass Ordinance No. 2004-OR-63 as amended
passed on the second and third readings on a vote of 7-0.
Councilperson Grooms made the motion to pass Ordinance No. 2004-OR-46, An
Ordinance Amending Portions Of Ordinance No. 98-OR-26 Establishing Sewer Rates
For The City of Jeffersonville, on the third reading, second by Councilperson Perkins,
passing on a vote of 7-0. Mayor Waiz thanked the Council for their action.
City Attorney Merkley explained Ordinance No. 2004-OR-66, An Ordinance
Amending Section 5. (d): Regulatory Flood Elevation Of Ordinance No. 2003-OR-33.
Councilperson Perkins made the motion to pass Ordinance No. 2004-OR-66 on the
second and third readings, second by Councilperson Zastawny, passing on a vote of 7-0.
City Attorney Merkley explained Ordinance No. 2004-OR-68A, 2004 Sewer Pre-
Treatment Ordinance. Councilperson Perkins made the motion to pass Ordinance No.
2004-OR-68A on the second and third readings, second by Councilperson Fetz, passing
on a vote of 7-0.
City Attorney Merkley explained Ordinance No. 2004-OR-74, An Ordinance
Repealing And Replacing Ordinance No. 2000-OR-47 (An Ordinance Replacing
Ordinance No. 97-OR-46) Establishing Retiree's Health Insurance Benefits For City
Employees. Councilperson Fetz said the police and fire give excellent service to
taxpayers and this affects those that have already served. The active m~mbers are willing
to help. Council President McCauley noted the police and fire have negotiated their
contracts to include the 60/40 ratios. To change, the agreements would not be
compliance. Council President McCauley noted the City is not loosing money by
granting abatements. He feels it would be safe to say the taxpayers would be paying
more if tax abatements were not granted. There are many benefits to increased
assessment. Revenues are regulated by State Statute. When abatements are granted it
does not take money away from the City it changes the rate. What can be raised is
limited by law. Other than salaries, benefits, insurances, and gasoline the 2005 budget is
at a level less than 2000. Councilperson Perkins noted granting tax abatements brings in
new employees which increases the amount collected in local income tax. Councilperson
Fetz said the contracts could be amended. Council President McCauley agreed the
contract could be amended. He has worked hard on the contracts and the police and fire
December 6, 2004 6
have no bigger supporter. The Council does not like to raise the rates. Councilperson
Fetz asked for a show of hands from those current employees present that would
volunteer to make up the 20%. Council President McCauley said the contract has been
worked on many hours for months. The actuarial numbers show a staggering increase.
He urges the Council to pass this. This would be dealing with it responsibly. He feels
those that would contribute extra would have a false expectation on benefits. Costs are
up and the increase to employees is modest. Councilperson Perkins made the motion to
pass 2004-OR-74 on the first reading, second by Council President McCauley.
Councilperson Grooms said the contract states 60/40 and he agrees. Ordinance No.
2004-OR-74 passed on the first reading on a vote of 6-1. Councilperson Fetz voted
against passage.
Council President McCauley presented Resolution No. 2004-R-38, Resolution
Adopting The 2004 FOP Contract. Council President McCanley said it has been a
positive process with considerable give and take from a competent team. Councilpersons
Fetz, Zastawny and McCauley worked hard. The pay is not comparable to other cities in
the State but is comparable to others in the community. He urges the Council to adopt
this Resolution. Councilperson Perkins made the motion to pass Resolution No. 2004-R-
38. Councilperson Fetz said he appreciates the time Councilpersons McCauley and
Zastawny put into this and he does plan to vote in opposition because of what is does to
retiree's insurance. Councilperson Wilson seconded Councilperson Perkins motion.
Mayor Waiz said he appreciates the Council and Police committees. Resolution No.
2004-R-38 passed on a vote of 6-1. Councilperson Fetz voted against passage. FOP
President Jason Broady said he appreciates the committees and gives thanks.
Clerk and Treasurer Wilder explained the need for Ordinance No. 2004-OR-75,
An Ordinance Of Additional Appropriation (Parks & Recreation). Councilperson
Grooms made the motion to pass Ordinance No. 2004-OR-75 on the first reading, second
by Council President McCauley, passing on a vote of 7-0.
Clerk and Treasurer Wilder withdrew the proposed Ordinance Of Additional
Appropriation (Local Roads & Streets).
City Attorney Merkley explained the need for passage of Ordinance No. 2004-
OR-76, An Ordinance Transferring Certain Funds Within Same Department (City
December 6, 2004 7
Attorney). Councilperson Perkins made the motion to suspend the roles for Ordinance
No. 2004-OR-76, second by Councilperson Fetz, passing on a vote of 7-0.
Councilperson Perkins next made the motion to pass Ordinance No. 2004-OR-76 on all
three readings, second by Councilperson Wilson, passing on a vote of 7-0.
Councilperson Perkins presented Ordinance 2004-OR-77, An Ordinance To
Establish Edit Funds. Following suggested amendments, Councilperson Perkins made
the motion to pass Ordinance No. 2004-OR-77 on the first reading, second by
Councilperson Zastawny, passing on a vote of 7-0.
CLERK TREASURER COMMENTS:
Clerk Treasurer Wilder informed the Council the Health Insurance Fund is in the
red and she can find no more to put in the fund. She will meet with the Mayor and a
Council committee on Tuesday, December 7, 2004 at 3:30 P.M.
COUNCIL AND MAYOR COMMENTS:
Councilperson Perkins said this is the end of the first year, and not all have been
unanimous, but it has been pleasant.
Cotmcilperson Zastawny said it has been an honor and privilege to work with the
FOP. It was good to pass the contract, lie commends Council President McCauley for
his efforts.
Councilperson Sellers mentioned the shortage of money for gasoline.
Councilperson Wilson said the FOP contract was a good job by Council President
McCauley and the committee. It involved a lot of hours and she is proud of the Council.
Councilperson Grooms applauds the FOP contract. The vote on the Retiree's
Insurance was tough. As a health care provider he feels the Council made the fight
choice. He is not opposed to reopening discussion.
Councilperson Perkins noted the December 7 celebration.
Council President McCauley stated he has no interest in the McCauley Nichols
Building. He does enjoy Public Comment, but he does have peace. Public Comment is
good and is appreciated, especially those that do their homework. He would ask that
name-calling be barred. He looks for~vard to the coming year to develop better
relationships with the Administration and the Clerk Treasurer's Office.
December 6, 2004 8
Mayor Waiz appreciates all the hard work on the sewer rates, tap in fees, and the
FOP contract. The recent National League of Cities conference was productive. While
in Indianapolis he went to IDEM regarding the water tower on Holman's Lane. IDEM
will be sending a second letter. He also met with 1NDOT regarding the Park and Ride
project. Mayor Waiz also met with Governor elect Mitch Daniels regarding the
Greenway project, the Big 4 Bridge, and the new bridges. He appreciates the downtown
tree lighting. The Beautification Committee got trees that school children decorated.
Santa's Depot donated an 18' tree. Huber's donated balled trees. Mayor Waiz said he
appreciates all for coming tonight, e~ ~
As there was no further business to com cil, the meeting was
adjourned 9:55 P.M.
ROBERT L. WAIZ, MA5 )R
ATTEST:
PEGGY W'ILDER, CLERK AND TREASURER